Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22112 of 2019 Petitioner :- Rakesh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri .Ajay Sengar, learned counsel for the petitioners and the learned A.G.A.
The instant petition seeks quashing of the First Information Report dated 21.10.2018 registered as Case Crime No.0053 of 2018 under sections 452, 323, 504 I.P.C. PS. Kotra, District Jalaun.
A prima facie perusal of the FIR discloses commission of cognizable offences but the FIR is sought to be quashed on the ground of a recorded settlement between the respective parties.
Whether parties have entered into a compromise / settlement or not, is an issue which needs to be ascertained by examining the victim and other parties concerned before the I.O. concerned.
The learned A.G.A rightly submits that it would be in the fitness of things if the petitioners are relegated to place their compromise / settlement before the I.O concerned, who after examining the parties, shall submit a report under Section 173(2) Cr.P.C.
In the event the I.O concerned does not extend necessary cooperation, it shall be open for the petitioners to approach the S.S.P / S.P concerned who shall be obliged to pass appropriate orders.
With the above observations, the writ petition is disposed of.
It is clarified that the above liberty would be available only in the event the police has not submitted a report under Section 173(2) of the Code.
Order Date :- 30.9.2019 Rk